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2014 Supreme(Ker) 307

K.M.JOSEPH, A.K.JAYASANKARAN NAMBIAR
Trichur Auto Spares represented by A. V. Ulahannan, Partner – Appellant
Versus
State of Kerala represented by its Secretary – Respondent


Advocates appeared:
For the Petitioner:Harisankar V. Menon, Meera V. Menon, Advocates.
For the Respondent: Sudheesh Kumar, Sr. Government Pleader.

Judgment :

A.K. Jayasankaran Nambiar, J.

1. This OT Revision is filed challenging the order dated 26.03.2013 of the Kerala Value Added Tax Appellate Tribunal. The brief facts necessary for the disposal of the Revision petition are as follows;

The petitioner is an assessee for the purposes of the Kerala Value Added Tax Act (hereinafter referred to as the 'Act') and is engaged in the trading of automobile spare parts. The places of business of the petitioner were inspected by the Intelligence Wing of the Commercial Taxes department on 26.11.2009 and, on the basis of details gathered during the said inspection, penalty proceedings were proposed to be initiated against the petitioner for contravention of Section 40 of the Act read with Section 71 thereof dealing with failure to keep true and complete accounts. The proceedings initiated were in respect of the following offences that were alleged to have been committed by the petitioner viz.

(i) non-declaration by the petitioner of two godowns maintained by it;

(ii) variation in stock valued at Rs.8294/- with a tax effect of Rs.1037/-; and

(iii) unaccounted sales worth Rs.32,823/- with a tax effect of Rs. 4103/-.

2. The petitioner cho














































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